HomeMy WebLinkAbout1987-417
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RESOLUTION NO. 87-417
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH CANTO BELLO CHORALE FOR PROMOTION
OF ARTS AND CULTLURE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1 The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
an Agreement with Canto Bello Chorale for promotion of arts and
culture, a copy of which is attached hereto, marked Exhibit "A"
and incorporated herein by reference as fully as though set forth
at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at an adjourned reaular
meeting thereof, held on
the ?lrn
day of
November
, 1987, by the
following vote, to wit:
AYES:
Conncil Hembers Estrada, Reilly, Flores,
Maudslev; Pone-Ludlam
NAYS:
None
Council Memembers Minor, Miller
ABSENT:
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11/12/87
1 AGREEMENT
2 (Fine Arts Funding)
3 THIS AGREEMENT is entered into between the CITY OF SAN
4 BERNARDINO, a municipal corporation, referred to as "City", and
5 the CANTO BELLO CHORALE, a California non-profit organization,
6 referred to as "Organization".
7 The parties agree as follows:
8 1. Recitals.
9 A. Organization has requested financial assistance
10 from City for the fiscal year 1987-1988, in order to assist in
11 defraying the expense of certain concerts, shows, festivals or
12 events or activities sponsored by Organization as set forth in
13 Organization's grant proposal (hereinafter "the proposal")
14 approved by the Fine Arts Commission of the City, a copy of which
15 proposal is on file in the Office of Cultural Affairs. The terms
16 of the proposal are incorporated herein by r~ference and shall
17 govern the uses of the funds provided herein. The financial
18 assistance provided for in this agreement is made on a one-time
only basis, and receipt of said funds shall not imply a
continuing obligation of the City beyond the terms of this
Agreement.
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23 urpose, to wit: for promotion of arts and cUlture, as more fully
24 set forth in the proposal submitted by Organization.
25 2. Payment. Upon presentation of a claim to the City
26 inance Director, City shall pay to Organization from the budget
27 or the 1987-1988 fiscal year, the total sum of THREE THOUSAND
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B.
The expenditure is for a valid municipal public
1
1 DOLLARS ~3,000) at such time or times and in such periodic
2 amounts as determined by the City Administrator and Finance
3 Director of the City, consistent with the grant proposal approved
4 by the Fine Arts Commission.
5 3. Use of Funds. The funds paid to Organization shall
6 be used solely for the purposes set forth in Paragraph 1 and in
7 strict compliance with the provisions set forth in the proposal.
8 No deviation from the proposal shall be made without the express
9 approval of the City of San Bernardino. Said funds shall be
10 expended by June 30, 1988, and any unexpended funds shall be
11 returned to City by Organization.
12 4. Accounting. At such time or times as may be requested
13 by the City Administrator or Director of Finance of City,
14 Organization shall submit to the City Administrator, with a copy
15 to the Director of Finance and the San Bernardino Fine Arts
16 Commission, an accounting of the proposed and actual expenditures
17 of all revenues accruing to the Organization for the fiscal year
18 ending June 30, 1988. Financial records shall be maintained in
19 accordance with generally accepted accounting principles by
20 Organization in such a manner as to permit City to easily trace
21 the expenditures of the funds. All books and records of
22 Organization are to be kept open for inspection at any time
23 during the business day by the City or its officers or agents.
24 5. Hold Harmless. Organization covenants and agrees to
25 indemnify and save harmless the City and its employees and agents
26 from all liabilities and charges, expenses (including counsel
27 fees), suits or losses however occurring, or damages arising or
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1 growing out of the use or receipt of the funds paid hereunder and
2 all operations under this agreement. Payments hereunder are made
3 with the understanding that the City is not involved in the
4 performance of services or other activities of Organization.
5 Organization and its employees and agents are independent
6 contractors and are not employees or agents of the City in
7 performing said services.
8 6. Termination. City shall have the right to terminate
9 this Agreement and any funding remaining unpaid hereunder for any
10 reason by mailing a ten-day written notice to Organization and
11 this agreement shall terminate ten days after the mailing of such
12 notice. In the event this Agreement is terminated for reasons of
13 improper use of funds or use of funds for any purpose other than
14 those authorized, any unexpended portion of the funds provided by
15 City shall be returned to City. In addition, Organization shall
16 reimburse to City any funds expended which were used for any
17 purposes other than those authorized under this Agreement.
18 7. Assignment. Organization shall not assign its interest
19 in this Agreement without the prior written approval of City.
20 8. Final Report. Prior to June 30, 1988, Organization
21 shall provide a final report on the project funded by this
22 Agreement in accordance with the Criteria for Financial Support
23 heretofore provided by City to Organization.
24 9. Notices. All notices herein required shall be in
25 writing and delivered in person or sent by certified mail,
26 postage prepaid, addressed as follows:
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City Administrator
City of San Bernardino
300 North "D" Street
San B~rna~dino, CA 92418
DATEDi 1i~<lJllll/'t) / /9:~~"7
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ATTEST:
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City Clerk
Charles Bradley, President
Canto Bello Chorale
P. O. Box 1627
San Bernardino, CA 92402
CITY(~F SAN BERNARDINO
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CANTO BELLO CHORALE
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